EFG Australia Limited & Ors. v. Kennedy & Ors. [1999] NSWSC 922

New South Wales Supreme Court CITATION : EFG Australia Limited & Ors. v. Kennedy & Ors. [1999] NSWSC 922 CURRENT JURISDICTION : Equity Divisiion FILE NUMBER(S) : No. 3056 of 1995 HEARING DATE(S) : 24th and 25th August 1999 JUDGMENT DATE : 9 September 1999

PARTIES : EFG Australia Limited, EFG Treasury Pty. Limited, EFG Finance Limited - Plaintiffs Robert David Phillips - 2nd Defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. Burnside QC with Mr. Collins for Plaintiffs Mr. L. Ellison for 2nd Defendant SOLICITORS : Corrs Chambers Westgarth, Melbourne for Plaintiffs Bateman Battersby, Penrith for 2nd Defendnat CATCHWORDS : EMPLOYMENT LAW - CONTRACT OF SERVICE. EQUITY - FIDUCIARY OBLIGATIONS DECISION : See p.21 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Thursday 9th September 1999

NO. 3056 OF 1995 EFG AUSTRALIA LIMITED & ORS. V. KENNEDY & ORS.

JUDGMENT

1 From 24th July 1989 to 2nd August 1995, the defendant Robert David Phillips was employed by the second plaintiff EFG Treasury Pty. Limited (which I will call "EFG Treasury") to assist another employee David Ian Kennedy in the management, on behalf of the first plaintiff EFG Australia Limited (which I will call "EFG"), of a joint venture development at Penrith known as the Glenmore Park joint venture. That employment was peremptorily terminated on 2nd August 1995 by John O'Grady, the Managing Director of EFG and EFG Treasury. 2 In these proceedings, the plaintiffs seek an account from Mr. Phillips of certain payments and benefits received by him during that employment. By a cross-claim, Mr. Phillips seeks damages for wrongful dismissal.